► Loneliness is associated with paradoxically self defeating behaviour, in which social contact is simultaneously desired and rejected. This behaviour can manifest in various ways. Lonely…
(more)

▼ Loneliness is associated with paradoxically self defeating behaviour, in which social contact is simultaneously desired and rejected. This behaviour can manifest in various ways. Lonely people may, for example, unwittingly decline objectively needed services such as home care. For several reasons, lonely older men may be particularly prone to rejecting offers of support. While refusals are often seen as a win for the right to live at risk, the victory can be hollow when it does not translate into a better quality of life. Often an older man can be persuaded to accept services, but sometimes these efforts fail. In such situations, our traditional understanding of the law leaves concerned third parties with two undesirable options: take no further action or categorise the person as incapable to override his decision making rights. This dilemma is a sad consequence of overcorrecting the medically-dominated approach to elder care with a highly libertarian perspective that lets individuals needlessly suffer. In our pursuit of unfettered individualism, the law has given insufficient weight to internal constraints such as loneliness which affect one’s exercise of free choice, yet keep them below the incapacity threshold. Therefore, in this thesis, I propose an intervention approach to loneliness that is not paralysed by the legal fiction of capacity: invoking a superior court’s protective jurisdiction. Through a therapeutic jurisprudence lens, I draw on the evolution of the parens patriae jurisdiction in Canada and a recent line of English case law to argue that a superior court’s protective jurisdiction may be used to help lonely older men age-in-place. I then propose a framework for invoking the jurisdiction. Specifically, I outline the general circumstances in which a court may be justified in exercising the jurisdiction, and I suggest that dignity ought to serve as the guiding principle. Then using B.C.’s laws as a point of reference, I identify the legislative gap which exists in adult guardianship/protection and mental health laws. Next I propose that the jurisdiction ought to be exercised in the most effective, less intrusive manner. I conclude with a discussion of some practical challenges of using the jurisdiction.
Advisors/Committee Members: Surtees, Doug, Carter, Mark, von Tigerstrom, Barbara, Goodridge, Donna, Plaxton, Michael.

► In order to ensure the process of litigation is conducted in a manner which is fair to all parties Australian Courts have inherentjurisdiction to…
(more)

▼ In order to ensure the process of litigation is conducted in a manner which is fair to all parties Australian Courts have inherentjurisdiction to make and enforce rules of practice. In the exercise of the inherentjurisdiction Courts have power to order a party to provide security for costs. This power is supplemented by specific provisions in the Supreme Federal and Country Court Rules and in the Companies Code. These provisions confirm the broad discretionary power to order security so as to prevent abuse of process. The Rules and Code do not fetter the discretion derived from the inherentjurisdiction but confirm the Court’s power to order security in any cause or matter where it is appropriate to do so. (From Introduction)

► This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system…
(more)

▼ This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice

P, K. P. (1999). Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973. (Thesis). Cochin University of Science and Technology. Retrieved from http://dyuthi.cusat.ac.in/purl/1008

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

P, Kylasanatha Pillay,K. “Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973.” 1999. Thesis, Cochin University of Science and Technology. Accessed June 07, 2020.
http://dyuthi.cusat.ac.in/purl/1008.

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

P KP. Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973. [Internet] [Thesis]. Cochin University of Science and Technology; 1999. [cited 2020 Jun 07].
Available from: http://dyuthi.cusat.ac.in/purl/1008.

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

P KP. Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973. [Thesis]. Cochin University of Science and Technology; 1999. Available from: http://dyuthi.cusat.ac.in/purl/1008

Note: this citation may be lacking information needed for this citation format:Not specified: Masters Thesis or Doctoral Dissertation

4.
Pritchard-Jones, Laura Gwynne.
Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory.

Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon.…
(more)

▼

Old age – and particularly the increasing numbers
of older people globally and within the United Kingdom - is
becoming a social and political phenomenon. Yet despite this, very
little has been written on how the law – and especially mental
disability law – intersects with old age. This is notwithstanding
the fact that many older people may encounter conditions that
impact their mental or cognitive abilities, and proportionally, may
therefore be greatly affected by this area of law.By drawing on a
number of theories – sometimes termed ‘relational’ theories – which
are derived predominantly from feminist theory, this thesis seeks
to explore the adequacy of mental disability law for safeguarding
health and welfare-related decision-making of older adults in three
areas; where an older person has been subjected to ageism, where
they have been the victim of interpersonal abuse, and where they
have dementia and may lack mental capacity. Within this broader
goal, this thesis has two specific aims. First, to explicitly
critique and challenge the adequacy of the law as it is applied in
these circumstances. It is suggested in particular that a deeper
analysis of the law in both its previous and current forms betrays
the liberal and unduly individualistic roots of the legislative
framework. These are roots that are predicated on non-interference,
and an idealistic paradigm of the rational, autonomous, and healthy
bodied individual. This – it is contended throughout – is an
unsuitable philosophy to underpin the law, particularly where the
law engages with older adults.Second, this thesis aims to navigate
a more suitable pathway within the law as it currently exists.
While operating as a tool to critique the legislative framework and
its underpinning philosophy, it is argued that the theories drawn
upon throughout the thesis also have the potential to highlight how
the law could be implemented in such a way so as to emphasise the
importance of the realities of the lived experiences of old age,
and particularly the experience of ageism, abuse, and dementia.
Crucially, it is also suggested that such theories can help the law
pay greater attention to the complex web of relationships – both
positive and negative; personal and societal – that an older person
may find themselves embedded within, and that frequently take on an
added significance in old age.

"This Man with Dementia" - 'Othering' the Person
with Dementia in the Court of Protection. This is a journal paper
that is part of the thesis that is currently in press with the
Medical Law Review.

Pritchard-Jones, L. G. (2016). Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory. (Doctoral Dissertation). University of Manchester. Retrieved from http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793

Chicago Manual of Style (16th Edition):

Pritchard-Jones, Laura Gwynne. “Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory.” 2016. Doctoral Dissertation, University of Manchester. Accessed June 07, 2020.
http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793.

Pritchard-Jones LG. Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory. [Internet] [Doctoral dissertation]. University of Manchester; 2016. [cited 2020 Jun 07].
Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793.

Council of Science Editors:

Pritchard-Jones LG. Making Health and Welfare Decisions in Old Age:
Challenging the Adequacy of Mental Disability Law and
Theory. [Doctoral Dissertation]. University of Manchester; 2016. Available from: http://www.manchester.ac.uk/escholar/uk-ac-man-scw:303793

University of Manchester

5.
Pritchard-Jones, Laura Gwynne.
Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory.

► Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon.…
(more)

▼ Old age – and particularly the increasing numbers of older people globally and within the United Kingdom - is becoming a social and political phenomenon. Yet despite this, very little has been written on how the law – and especially mental disability law – intersects with old age. This is notwithstanding the fact that many older people may encounter conditions that impact their mental or cognitive abilities, and proportionally, may therefore be greatly affected by this area of law. By drawing on a number of theories – sometimes termed ‘relational’ theories – which are derived predominantly from feminist theory, this thesis seeks to explore the adequacy of mental disability law for safeguarding health and welfare-related decision-making of older adults in three areas; where an older person has been subjected to ageism, where they have been the victim of interpersonal abuse, and where they have dementia and may lack mental capacity. Within this broader goal, this thesis has two specific aims. First, to explicitly critique and challenge the adequacy of the law as it is applied in these circumstances. It is suggested in particular that a deeper analysis of the law in both its previous and current forms betrays the liberal and unduly individualistic roots of the legislative framework. These are roots that are predicated on non-interference, and an idealistic paradigm of the rational, autonomous, and healthy bodied individual. This – it is contended throughout – is an unsuitable philosophy to underpin the law, particularly where the law engages with older adults. Second, this thesis aims to navigate a more suitable pathway within the law as it currently exists. While operating as a tool to critique the legislative framework and its underpinning philosophy, it is argued that the theories drawn upon throughout the thesis also have the potential to highlight how the law could be implemented in such a way so as to emphasise the importance of the realities of the lived experiences of old age, and particularly the experience of ageism, abuse, and dementia. Crucially, it is also suggested that such theories can help the law pay greater attention to the complex web of relationships – both positive and negative; personal and societal – that an older person may find themselves embedded within, and that frequently take on an added significance in old age.

Pritchard-Jones, L. G. (2016). Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory. (Doctoral Dissertation). University of Manchester. Retrieved from https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322

Chicago Manual of Style (16th Edition):

Pritchard-Jones, Laura Gwynne. “Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory.” 2016. Doctoral Dissertation, University of Manchester. Accessed June 07, 2020.
https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322.

MLA Handbook (7th Edition):

Pritchard-Jones, Laura Gwynne. “Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory.” 2016. Web. 07 Jun 2020.

Vancouver:

Pritchard-Jones LG. Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory. [Internet] [Doctoral dissertation]. University of Manchester; 2016. [cited 2020 Jun 07].
Available from: https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322.

Council of Science Editors:

Pritchard-Jones LG. Making health and welfare decisions in old age : challenging the adequacy of mental disability law and theory. [Doctoral Dissertation]. University of Manchester; 2016. Available from: https://www.research.manchester.ac.uk/portal/en/theses/making-health-and-welfare-decisions-in-old-age-challenging-the-adequacy-of-mental-disability-law-and-theory(f3f29f67-6454-4013-8d6e-e5a783ca97fd).html ; http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.694322